(PC) Overton v. I.B.T International Brotherhood et al, No. 2:2021cv01366 - Document 7 (E.D. Cal. 2021)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 12/28/2021 ORDERING the Clerk to randomly assign a US District Judge to this case and RECOMMENDING this action be dismissed without prejudice for failure to pay the required filing fee. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL L. OVERTON, 12 Plaintiff, 13 14 15 16 v. I.B.T. INTERNATIONAL BROTHERHOOD, et al., Case No. 2:21-cv-01366-JDP (PC) FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR FAILURE TO PAY THE FILING FEE OBJECTIONS DUE WITHIN FOURTEEN DAYS Defendants. 17 On August 4, 2021, I ordered plaintiff to submit, within thirty days, either the $402 filing 18 fee or an application to proceed in forma pauperis. ECF No. 3. Plaintiff failed to respond to that 19 order. Accordingly, on November 8, 2021, I ordered plaintiff to show cause within twenty-one 20 days why this case should not be dismissed for failure to prosecute and failure to comply with 21 court orders. ECF No. 6. I also warned him that failure to respond to the order would result in a 22 recommendation that this action be dismissed without prejudice. Id. To date, plaintiff has not 23 submitted the required filing fee nor otherwise responded to the November 8, 2021 order. 24 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 25 United States District Judge to this case. Further, it is RECOMMENDED that this action be 26 dismissed without prejudice for failure to pay the required filing fee. 27 28 I submit these findings and recommendations to the district judge under 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States 1 1 District Court, Eastern District of California. The parties may, within 14 days of the service of 2 the findings and recommendations, file written objections to the findings and recommendations 3 with the court. Such objections should be captioned “Objections to Magistrate Judge’s Findings 4 and Recommendations.” The district judge will review the findings and recommendations under 5 28 U.S.C. § 636(b)(1)(C). 6 7 IT IS SO ORDERED. 8 Dated: 9 10 December 28, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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